STATE BANK OF INDIA LOCAL HEAD OFFICE ......Page 3 STATE BANK OF INDIA LOCAL HEAD OFFICE, GUWAHATI...

STATE BANK OF INDIA

LOCAL HEAD OFFICE, GUWAHATI PREMISES & ESTATE

DEPTT. DISPUR, GUWAHATI, ASSAM.

e-TENDER

FOR

ELECTRICAL INSTALLATION WORK ALONGWITH DOCUMENTATION FOR NEW 78

PREPAID AND 1 POST SERVICE CONNECTION AT AWARD STAFF QUARTER,

RUKHMINIGAON

Sl. No. Description

(a) Tender ID P&E/TENDER/003

(b)

Tender Name

ELECTRICAL INSTALLATION WORK

ALONGWITH DOCUMENTATION

FOR NEW 78 NOS. OF PREPAID

AND 1 NOS POST PAID SERVICE

CONNECTION AT AWARD STAFF

QUARTER, RUKHMINIGAON”

(c) Opening Date of Tender 12.11.2020

Ending Date of Tender 18.11.2020 Till 02:00PM

STATE BANK OF INDIA LOCAL HEAD OFFICE, GUWAHATI

PREMISES & ESTATE DEPTT.

DISPUR, GUWAHATI, ASSAM.

INVITES ON-LINE TENDERS

THROUGH SBI SERVICE PROVIDER

M/S e-PROCUREMENT TECHNOLOGIES PVT. LTD., AHMEDABAD

NAME OF THE WORK: - ELECTRICAL INSTALLATION WORK ALONGWITH DOCUMENTATION

FOR NEW 78 NOS. OF PREPAID AND 1 NOS. POST PAID SERVICE CONNECTION AT AWARD

STAFF QUARTER, RUKHMINIGAON”

(TIME IS ESCENCE FOR THIS PROJECT AND THE WORK SHALL BE COMPLETED WITHIN THE

STIPULATED TIME PERIOD AS STATED IN THE TENDER DOCUMENT)

The Contractors/Vendors who are in the list of approved empanelled contractors/vendors finalised in September,2018 by SBI, Local Head Office, Guwahati (North Eastern Circle)enlisted inall the eligible categories of work i.e. Category- II ( Work Value above Rs 30 Lakh upto Rs 50 Lakh) under ELECTRICAL INSTALLATION WORK are only eligible to participate in this E-Tender.

Note: The Contractors/Vendors should possess Valid Digital Signature for participating in this E- Tendering Process.

The Assistant General Manager(P&E)

State Bank of India,

Premises & Estate

Deptt.

Local Head Office, Guwahati,

Dispur, Guwahati-781006,

Assam.

NOTICE INVITING TENDERS (NIT)

Tender ID:P&E/TENDER/003 Dated: 11.11.2020

State Bank of India (SBI), Guwahati invites e-Tenders through SBI Service provider M/s e-Procurement Technologies Pvt. Ltd. Ahmedabad from the empanelled ELECTRICAL Contractors/Vendors finalized in September,2018 by SBI, LHO, Guwahati enlisted in all the eligible categories of work i.e. Category- II ( Work Value above Rs.30 Lakh upto Rs 50.0 Lakh) under ELECTRICAL INSTALLATION WORK. TENDER details given below:

1. Name & location of Work : ELECTRICAL INSTALLATION WORK ALONGWITH F

DOCUMENTATION FOR NEW 78 NOS. OF PREPAID

AND 1 NOS OF POSTPAID SERVICE CONNECTION

AT AWARD STAFF QUARTER, RUKHMINIGAON”

2. Eligibility criteria : The empanelled Electrical contractors finalized in

September,2018 by SBI, LHO, Guwahati enlisted in

all the eligible categories of work i.e. Category- II (

Work Value above Rs 30 Lakh upto Rs50.0Lakh)

under ELECTRICAL INSTALLATION WORK.

3. Availability of tender

documents

: Tender documents will be issued to the eligible

contractors by the service provider M/S e-

PROCUREMENT TECHNOLOGIES PVT. LTD.,

AHMEDABAD

4. Earnest Money Deposit

(Approx 1% of the

Estimated Cost)

: Rs.31000 (Rupees Thirty-one thousand only) EMD to

be deposited to A/C No. 10242804581 (SBI, LHO,

PREMISES & ESTATE

Department Misc. Deposit account) maintained at

SBI, Dispur Branch (IFSC code-SBIN0003030). and

submit the deposit voucher copy as proof of

deposit the amount or DD in favor of AGM(P&E),

SBI, LHO, Guwahati

5. Technical Bid : The following Documents should be submitted in

the Technical Bid in a sealed envelope addressed

to the Assistant General Manager, Premises and

Estate Department, Guwahati Circle, SBI Local

Head Office Building, 3rd Floor, ‘A’ Block, P.O.

Assam Sachivalaya, Dispur, Guwahati-781006,

Assam or the scanned copies of the following

documents may be e-mailed to

[email protected] on or before 18.11.2020

up to 02:00 PM.

i) Earnest Money Deposit (EMD) amounting to

Rs.31,000.00.00 (Rupees

Thirty one thousand only) to be deposited to the

Bank’s A/C No.

10242804581 (Name of the Account :- SBI, LHO,

PREMISES & ESTATE

Department Misc. Deposit account, maintained at

SBI, Dispur Branch, IFSC code-SBIN0003030) and

submit the deposit voucher copy as proof of

deposit the amount.

ii) The Process Compliance Form as at Annexure-I

Duly filled, signed and stamped by the Bidder as

token of acceptance of all the terms & conditions

stipulated in this tender, which is also to be e-

Mailed to the Service Provider for conducting e-

Tendering Process.

The Bidder, who failed to submit any of the above-

mentioned documents, will be disqualified in

Technical Bid and will not be

allowed to participate in subsequent online sealed

Price Bid submission. Moreover, the conditional

tenders are liable for rejection and will not be

allowed to participate in e-Tendering Process

mailto:[email protected]

6. Price Bid : The Lowest Bidder will be finalized from the Price

Bid submitted by the Contractors/Vendors through

the service provider. The Details of the events is as

under:-

i) Submission of On-Line Sealed Price Bid (Total

Price as well as item wise rate break-up): On

19.11.2020 from 11:00 AM up to 02:00 PM.

Only the bidders who qualified in Technical Bid

(submitted, EMD and Process Compliance Form)

will be eligible to participate in the Online Sealed

Price Bid submission of this e-Tendering Process .

The bidder should have valid digital signature for

participation in e-Tendering Process.

7. Opening of Price Bid : On 19.11.2020 after completion of the time period

of e-Tender

8. Validity of Tenders : For a period of 90 days from the date of e-

Tendering.

9. Initial security deposit : 2% of the awarded value of work including EMD

11

.

Retention money 5% (Including EMD+ISD)

12

. Commencement of the work The date of commencement of the work will be

reckoned as the date of handing over site or 10

days from the date of issue of Work Order of the

tender whichever is later. If the contractors fail to

start the work within this period, the work order

may be stand

cancelled without any further notification to the

contractor and the EMD amount will be forfeited as

per the general condition of contract. Moreover,

the contractor may also be de-barred from

participation in the future tender for at least 3

months period.

13 Time allowed for completion : 45 days from the date of handing over site or 10

days from the date of issue of letter of acceptance

of Bank whichever is later. If the contractor fails to

complete the works within the specified

completion period the work order may be stand

cancelled without any further notification to the

contractor and the security amount will be

forfeited as per the general condition of contract.

Moreover, the contractor may be de-barred from

participation in the future tender for at least 3

months period.

14 Deduction of Income Tax

and GST

: A) Income Tax will be deducted at source as per

Govt. Guidelines.

B) Reimbursement of GST on work contract will be

made only on submission of proper GST invoice as

per applicable GST provision. The contractor

should comply with the following;

i. Contractor should have GST Registration Number

ii. Invoice should specifically/separately disclose

the amount of GST levied at applicable rate as per

GST provision

iii. In case of Correction in the bills after scrutiny,

contractor should submit fresh invoice for payment

iv. Contractor should timely file his GST return in

accordance with GST provisions to enable the

bank to claim the credit of GST paid to the

contractor.

15

.

Terms & mode of payment : i) No advance is payable.

ii) After successful completion of entire work 100%

payment will be released against submission of

GST invoice and work completion Certificates after

deducting security deposit and statutory

deductions as applicable.

iii) Payment shall be made by way of Electronic

fund transfer by the concerned SBI Branch/Office

where the work has been executed.

The contractor should furnish details of the Bank,

A/c no, IFSC code etc.

16. Liquidated Damages : If the bidder is not able to complete the work

within the stipulated completion period as per

tender, liquidated Damages will be imposed at

the rate of 0.5% of the contract value per week

subject to a maximum of 5% of the contract value.

17. Defects Liability Period : 12 Months (Twelve months) from the date of

completion of the work and handing over to the

Bank.

18. Contact details for any

clarification

: The Assistant General

Manager, Premises and

Estate department,

State Bank of India,

Guwahati Circle Office,

3rd Floor, SBI, LHO

Building, Guwahati,

Dispur - 781006,

Ph.No.7086093024

19. Contact details for any e-

Tender related queries

: Service provider: M/s e-Procurement Technologies

Ltd. (Procure Tiger) A- 201, Wall Street - II, Opp.

Orient Club, Nr. Gujarat College, Ahmedabad -

380 006. Gujarat State, India

Tel.:- PH. NOS. : +91 79-40016837/ 835 / 886 / 887 /

802 / 852 / 865 /

800, Fax:- 91 - 079 – 40016876.

You are requested to contract the agency for

further guidance on e-tendering process

20. Any additional Information : The quoted rate should be inclusive of materials,

labour, wages, fixtures, transportation, installation,

all taxes & charges , cost of the insurances as

specified in the tender, cost towards testing of

materials supplied, wastages, Octroi, machinery,

temporary works such as scaffolding, cleaning,

overheads, profit, statutory expenses, incidental

charges and all related expenses to complete the

work. However, GST on work contract will be extra

as applicable.

Notes:

a) All Tenderer are informed that, price bidding for the work will be through e-

tendering method. The bill of quantity of tender i.e “Price Bid” is to be submitted

online on e-tendering portal. Orders will be placed on the basis of closing price by

bidders in the “Price Bid.

b) The Tenderers are expected to examine all instructions, forms, terms and

specifications in the tender documents. Failure to furnish all information required as

per the Tender Documents or submission of bids not substantially responsive to the

Tender Documents in every respect will be at the Tenderers risk and shall result in

rejection of the

Tender.

c) In case the date of submission of, EMD, Online Sealed Price Bid is declared as a

holiday, the respective date will be considered on the next working day at the

same time. The bidder, who is the authorized representative and participating on

behalf of company/ Dealer/vendor, should have a valid digital signature

certificate (DSC) for this tender. The validity of the DSC should be at least 3 months.

d) The SBI reserves the right to cancel or postpone or modify the tenders at any stage

without assigning any reason.

e) Since bidder has to quote item-wise rate/amount in e-tendering process (i.e Price

Bid) for the entire work, therefore they are strongly advised to visit site before

submitting their bid and work out the quantity requirement for all required material

to make the work complete in all respects.

f) If the L1 bidder quotes abnormally low (below 10% of the estimated cost), he will

be required to furnish a Performance Guarantee Bond/STDR Lien in the name of

AGM(P&E) SBI, LHO, Guwahati on the “Accepted Tender Amount” which will be

released after virtual completion of the work and Additional Security Deposit

amounting to additional 2% of the accepted tender amount in addition to EMD and

ISD ,which will be released after successful completion of Defect Liability Period.

g) Corrigendum: (If any) Is to be followed as published in https://etender.sbi/ portal

only.

(For State Bank of India)

-------SD--------- The Assistant General Manager,

Premises and Estate

department, State Bank

of India,

Guwahati Circle Office, 3rd Floor,

https://etender.sbi/

BUSINESS RULES FOR e-TENDERING

Name of work / Project: - ELECTRICAL INSTALLATION WORK ALONGWITH

DOCUMENTATION FOR 78 NEW PREPAID AND 1 POSTPAID SERVICE CONNECTION AT

AWARD STAFF QUARTER, RUKHMINIGAON.

Vide Tender ID: P&E/TENDER/003 Dated :11.11.2020

BUYER NAME State Bank of India

E-TENDERING TO BE CONDUCTED

BY

SBI Service Provider:

M/s e-Procurement Technologies Ltd. (Procure Tiger)

A- 201, Wall Street - II, Opp. Orient Club, Nr. Gujarat College,

Ahmedabad - 380

006. Gujarat State, India

Tel.:- PH. NOS. : +91 79-40016837/ 835 / 886 / 887 / 802 / 852 /

865 / 800, Fax:- 91 -

079 – 40016876.

DATES OF PRICE BID i) Submission of Online Sealed Price Bid (item wise): On 19.11.2020 from 11:00 AM

to 02:00 PM.

E-Tendering Website : https://etender.sbi/

DOCUMENTS ATTACHED i) Notice Inviting Tenders (NIT)

ii) Business rule for finalization of tender

iii) Terms& conditions of E-Tendering

iv) Process Compliance Statement (Annexure I)

v) TERMS & CONDITIONS OF THE CONTRACT

vi) SPECIAL CONDITIONS OF THE CONTRACT

vii) Bid Confirmation (Annexure –II)

viii) BOQ- Break-up-of Quantity (Annexure-III)

ix) Electrical installation work terms & conditions

xi) Contact Information.

Against this Enquiry for the subject item/system with detailed scope of supply as per our specification, SBI may resort to “E-TENDERING PROCESS” which comprises of Technical Bid and Price Bid.

1. For the proposed e-Tendering Process, already empanelled vendors for the said

purpose who fulfil all terms and conditions including deposit of Tender process amount and earnest money amount only shall be eligible to participate.

2. SBI will engage the services of a service provider who will provide all necessary training and assistance before commencement of on line bidding on Internet.

3. SBI will inform the vendor in writing , the details of service provider to enable them to

contact and get trained.

4. Business rules like event date, time, etc. also will be communicated through service

provider for compliance.

5. Vendors have to fax the compliance form in the prescribed format (provided by service provider) before start of e-Tendering Process. Without this the vendor will not be eligible to participate in the event.

6. E-Tendering Process will be conducted on schedule date & time.

7. At the end of E-Tendering Process, the lowest bidder value will be known on the

network.

8. The lowest bidder has to fax the duly signed filled-in prescribed format as provided on case-to-case basis to SBI through service provider within 24 hours of completion of E-Tendering without fail.

9. Any variation between the on-line bid value and signed document will be considered as sabotaging the tender process and will invite disqualification of vender to conduct business with SBI as per prevailing procedure.

Terms & Conditions of E-Tendering Process

1. LOG IN NAME & PASSWORD: Each Bidder is assigned a Unique User Name & Password by ETL. The Bidders are requested to change the Password after the receipt of initial Password from ETL. All bids made from the Login ID given to the bidder will be deemed to have been made by the bidder.

2. BIDS PLACED BY BIDDER: The bid of the bidder will be taken to be an offer to execute the work. Bids once made by the bidder cannot be cancelled. The bidder is bound to execute the work the as mentioned above at the price that they bid. Should any bidder back out and not make the supplies at per the rates quoted, SBI and / or ETL shall take action as appropriate.

3. LOWEST BID OF A BIDDER: In case the bidder submits more than one bid, the lowest bid will be considered as the

bidder’s final offer to execute the work

4. E-TENDERING TYPE: a) Online Sealed Price Bid.

5. E-TENDERING WINNER: At the end of the Price Bid, SBI will evaluate all the bids submitted and will decide upon the winner.

6. GENERAL TERMS & CONDITIONS: Bidders are required to read the “Terms and Conditions” section of the e-Tendering site using the Login Ids and passwords given to them.

7. OTHER TERMS & CONDITIONS:

• The Bidder shall not involve himself or any of his representatives in Price manipulation of any kind directly or indirectly by communicating with other suppliers / bidders.

• The Bidder shall not divulge either his Bids or any other exclusive details of SBI to any

other party.

• SBI’s decision on award of Contract shall be final and binding on all the Bidders.

• SBI along with ETL can decide to extend, reschedule or cancel any E-Tender. Any changes made by SBI and / or ETL, after the first posting will have to be accepted if the Bidder continues to access the site after that time.

• ETL shall not have any liability to Bidders for any interruption or delay in access to the site irrespective of the cause.

• ETL is not responsible for any damages, including consequential damages, including but not limited to systems problems, inability to use the system, loss of electronic information etc.

N.B

• All the bidders are requested to ensure that they have a valid digital signature

certificate well in advance to participate in the online event

• All the Bidders are required to submit the Agreement Form (Annexure- I) duly signed

to M/s e-Procurement Technologies Pvt. Ltd, Ahmedabad and copy of the same to be

send to SBI along with technical bid as mentioned in the above NIT before due date.

Process Compliance Form Annexure- I

(The bidders are required to print this on their company’s letter head and sign, stamp and send the scanned copy to service provider and hard copy / scanned copy to SBI, Guwahati Circle)

To Date:

e-Procurement Technologies Ltd.

(Procure Tiger) A-201-208, Wall Street-II,

Opp. Orient Club,

Nr. Gujarat College, Ahmedabad-

380 006, Gujarat, India.

Tel: (079) 40016837 / 835

Fax: (079) 40016876

Sub: Agreement to the Process related Terms and Conditions for the e-Tender

Dear Sir,

This has reference to the Terms &Conditions for“ e-Tendering for “ELECTRICAL INSTALLATION

WORK ALONGWITH DOCUMENTATION FOR 78 NEW OF PREPAID AND 1 NOS OF POST PAID

SERVICE CONNECTION AT SBI AWARD STAFF QUARTER AT RUKHMINIGAON”

This letter is to confirm that:

1. The undersigned is authorized representative of the company. 2. We have studied the all the terms & conditions specified in the tender, Commercial

Terms and the Business rules governing the e-Tendering Process and the RFP as mentioned in your letter and confirm our agreement to them.

3. We also confirm that we have taken the training on the E-Tendering tool and have understood the functionality of the same thoroughly.

4. We confirm that SBI and ETL shall not be liable & responsible in any manner whatsoever for my/our failure to access & bid on the e-Tendering platform due to loss of internet connectivity, electricity failure, virus attack, problems with the PC, any other unforeseen circumstances etc. before or during the E-Tendering event.

5. We understand that in the event we are not able to access the e-Tendering site, we may authorize ETL to bid on our behalf by sending a fax containing our offer price before the e-Tendering close time and no claim can be made by us on either SBI or ETL regarding any loss etc. suffered by us due to acting upon our authenticated fax instructions.

6. I/we do understand that ETL may bid on behalf of other bidders as well in case of above mentioned exigencies.

7. We also confirm that we have a valid digital certificate issued by a valid Certifying Authority.

8. We also confirm that we will fax the price confirmation of our quoted price as per Annexure II and the format as requested by SBI/ ETL.

9. We, hereby confirm that we will honour the Bids placed by us during the e-Tendering process.

10. I/We have inspected the site of works and have made me/us fully acquainted with

the local conditions in and around the sites of works. I/We hereby declare that I/We

have gone through the conditions laid down in the Notice Inviting Tender, General

Conditions of Contract, Special Conditions of Contract, Technical Specifications and

understood the same and on the basis of the same I/We will quote our rates in the

indicative price bid and subsequent E-Tendering.

With regards

Signature with company

seal Date: Name: Company / Organization: Designation within Company / Organization: Address of Company / Organization: Scan it and sent this document on [email protected] / [email protected]/[email protected].

mailto:[email protected]:[email protected]:/[email protected]

TERMS & CONDITIONS OF THE CONTRACT

GENERAL INSTRUCTIONS TO THE TENDERERS

1.0 Scope of Work

Tenders are invited by State Bank of India for “ Supply and installation of all the

mentioned electrical panel and prepaid meter supply by the APDCL as per the

direction of Bank Engineer and documentation of obtaining 78 new prepaid

connection of 5 KW and one postpaid connection for 29KW. The scope of work include

all the documentation like obtaining application form, test report for all prepaid and

post connection duly approved by the APDCL and preparation of agreement of all new

service connection at suitable stamp paper and duly notary and liaising with APDCL

official for all the process.( Bank will only provide the necessary available documents

for obtaining the approval but all the process and follow up with the APDCL work is

under vendor scope.)

1.1 Site and Its Location: The proposed work is to be carried out at State Bank of India, Award Staff Quarter,Rukhminigaon, Guwahati .

2.0 Tender Documents

2.1The work has to be carried out strictly according to the conditions stipulated in tender consisting the following documents and the most workmen like manner,

a) Instructions to tenderers b) General Conditions of Contract c) Special Conditions of Contract d) Technical Specifications e) Drawings f) Priced Bid

2.2 The above documents shall be taken as complementary and mutually explanatory of one another but in case of ambiguities or discrepancies, shall take precedence in the order given below:

a) Price Bid b) Drawings c) Technical Specifications d) Special Conditions of Contract e) General Conditions of Contract f) Instructions to Tenderer

2.3 The tender documents are not transferable.

3.0 Site Visit The tenderer must obtain himself on his own responsibility and his own expenses all information and data which may be required for the purpose of filling this tender document and enter into a contract for the satisfactory performance of the work. The tenderer is requested satisfy himself regarding the availability of water, power, transport and communication facilities, the character quality and quantity of the materials, labour, the law and order situation, climatic conditions local authorities requirement, traffic regulations etc; The tenderer will be fully responsible for considering the financial effect of any or all the factors while submitting his tender.

4.0 Earnest Money Deposit(EMD) :-

4.1 The tenderer are requested to submit the Earnest Money of Rs.31,000.00 (Rupees Thirty One Thousand only) to be deposited to A/C No. 10242804581 (SBI, LHO, PREMISES & ESTATE Department Misc. Deposit account) maintained at SBI, Dispur Branch (IFSC code-SBIN0003030).

4.2 No interest will be paid on the EMD.

4.3 EMD of unsuccessful tenderers will be refunded within 30 days of award of Contract.

4.4 EMD of successful tenderer will be retained as a part of security deposit.

4.5 The EMD shall stand absolutely forfeited if the tenderer revokes his tender at any time during the period when he is required to keep his tender open acceptance by the SBI or after it is accepted by the SBI, the contractor fails to enter into a formal agreement or fails to pay the initial security deposit as stipulated or fails to commence the work within the stipulated time.

5.0 Initial Security Deposit(ISD) :- The successful tenderer will have to submit a sum equivalent to 2% of contract value less EMD to be deposited to A/C No. 10242804581 (SBI, LHO, PREMISES & ESTATE Department Misc. Deposit account) maintained at SBI, Dispur Branch (IFSC code-SBIN0003030) within a period of 15 days of acceptance of tender.

6.0 Security Deposit :- 6.1 Total security deposit shall be 5% of contract value. Out of this 2% of contract value is in the form of initial security deposit, which includes the EMD. Balance 3% shall be deducted from the running account bill of the work at the rate of 10% of the respective running account bill i.e. deduction from each running bill account will be 10% till total 3% of contract value is reached. 50% of the total security shall be paid to the contractors without interest on the basis of certifying the virtual completion. The balance 50% would be paid to the contractors without interest within 15 days after the end of the defect liability period provided the contractor has satisfactorily attended to all defects in accordance with the conditions of contract including site clearance.

6.2 No interest shall be paid to the amount retained by SBI as Security Deposit.

7.0 Signing of Contract Documents The successful tenderer shall be bound to implement the contract by signing an agreement and conditions of contract (draft agreement attached herewith) within 7 days from the receipt of intimation of acceptance of his tender by SBI. However, the written acceptance of the tender by the Bank will constitute a binding agreement between SBI and successful tenderer whether such formal agreement is subsequently entered into or not.

8.0 Completion Period Time is essence of the contract. The work should be completed in all respects in accordance with the terms of contract within a period of 45 days from the date of handing over site or 10 days from the date of issue of letter of acceptance of Bank whichever is later.

9.0 Validity of Tender Tenders shall remain valid and open for acceptance for a period of three months from the date of E-Tendering Process. If the tenderer withdraws his/her offer during the validity period or makes modifications in his/her original offer which are not acceptable to the Bank without prejudice to any other right or remedy the Bank shall be at liberty to forfeit the EMD.

10.0 Liquidated Damages The liquidated damages shall be 0.5% of the accepted tendered cost per week subject to a maximum of 5% of contract value.

11.0 Rates and Prices

11.1 The Tenderers shall quote their rates for individual items through online submission in

the Price Bid as per the attached BOQ of this tender. The rate quoted shall be firm and

shall include all costs of labour, material, allowances, taxes if any (other than GST) as

may be applicable. No extra claims/PVA by any means due to increase rates etc. will

be entertained. Bank will only pay GST in addition to quoted rates

11.2 Rates as bid in the “Price Bid” will be the basis of final order placement.

Form of Tender

To

The Assistant General

Manager Premises and

Estate Department 3rd Floor, SBI Guwahati LHO Building,

P.O. Assam

Sachivalaya,

Dispur-781006.

Dear Sir,

Re: ELECTRICAL INSTALLATION WORK ALONGWITH PREPARATION OF DOCUMENTATION

FOR NEW 78 NOS. OF PREPAID SERVICE CONNECTION AND 1 NOS OF POSTPAID

CONNECTION AT AWARD STAFF QUARTER”

1. I/We refer to the tender notice issued by the Bank for above work at Award Staff

Quarter, Rukhminigaon in connection with the above.

2. I/We do hereby offer to perform, provide, execute, complete and maintain the works in conformity with the drawings, conditions of contract, specifications, and bill of quantities at the respective rates quoted in the bill of quantities.

3. I/We have satisfied myself/ourselves as to the site conditions, examined the drawings and all aspects of the tender conditions. Subject to above, I/We do hereby agree, should this tender be accepted in whole or in part, to:

a) Abide by and fulfil all the terms and provisions of the said conditions annexed hereto.

b) Complete the works within 45 days as stipulated in two or three shifts if considered necessary by the Bank/Consultant at no extra cost to the Bank.

4. I/We have deposited the Tender Processing Fee(non-refundable), Earnest money deposit in the specified A/Cs and also submitted Process Compliance form confirming our acceptance of all the tender terms & conditions stipulated in the tender. I/We note, the Earnest Money Deposit will not bear any interest and is liable for forfeiture:

i) If our offer is withdrawn within the validity period of acceptance. Or ii) If the Contract is not executed within 10 days from the date of receipt of the letter of

acceptance. Or iii) If the work is not commenced within 10 days after issue of work order or handing over of

site whichever is later.

5. I/We understand that you are not bound to accept the lowest or any tender you

receive.

6. Name of Partners/Directors of our Firm :

i) ii) iii)

Yours faithfully Signature:

Name of Partner/Director of the firm authorized to Designation: Sign or Name of person having power of attorney to sign the contract (Certified true copy of Power of Attorney should be attached)a) Signature: Signature and address of witness Name

Address:

b) Signature:

Name:

Address:

Draft of ARTICLES OF AGREEMENT

(to be executed between SBI and the Contractor)

ARTICLES OF AGREEMENT made this day of Two thousand ....... between the State Bank of India, a Corporation constructed under the State Bank of India Act, 1955 and having its central office at MADAM CAMA ROAD, MUMBAI-400021 & its LHO at Dispur, Guwahati-781006 and many other places (hereinafter referred to as "the BANK") which expression shall include its successor or successors and assigns) of the ONE PART through the authorized officer Shri (designation). AND M/s. having its registered office at (thereinafter referred to as the 'CONTRACTOR') of the OTHER PART.WHEREAS the Owner is desirous of executing at (hereinafter called the ‘works’) work

AND WHEREAS for the purpose of executing the above said ‘works’, State Bank of India, North East Circle, Guwahati (hereinafter called ‘SBI’), had called E-Tender ( through service provider M/s e-Procurement Technologies Pvt. Ltd. Ahmedabad) THE Owner vide Notice Inviting Tender No dated

AND WHEREAS SBI has caused the plans, drawings and specifications, price schedule of quantities of the work to be executed at the SBI as per conditions of the contract and special conditions prepared subject to which the offer of the Contractor shall be accepted.

AND WHEREAS the tender of the Contractor for said work has been approved by BANK.

AND WHEREAS the Contractor has deposited with the owner Rupees as security deposit for the due performance of the agreement

AND WHEREAS SBI issued work order therefore to the contractor vide letter No dated

AND WHEREAS said drawings inclusive of the specifications, priced schedule of quantities, condition of contract and special conditions (hereinafter collectively referred to as the said condition) have been signed by the parties hereto and the contractor has agreed to execute the works upon and subject to the said conditions.

Agreed to execute upon and subject to the conditions set forth herein and Schedule of Items and quantities general conditions of contract, Specification and all correspondences exchanged by or between the parties from the submission of tender till the award of work, both letter inclusive, (all of which are collectively hereinafter referred to as “the said condition”) the work shown upon the said drawings and/ or described in the said specification and included in the schedule of items and quantities at the respective rates therein at of such other sum as shall become payable there under (Hereinafter referred to as “the said contract amount”).

NOW IT IS HEREBY AGREED AS FOLLOWS:

1. In consideration of the payment to be made to the contractor as hereinafter

provided the contractor shall upon and subject to the said conditions executed the completed the works shown upon the said drawings etc. and such further detailed drawings as may be furnished to the contractor by the said owner through SBI as described in the said specifications and the said priced schedule of quantities.

2. The owner will pay to the contractor the sumof Rs (Rupees ), hereinafter call the contract sum or such other sum as shall become payable hereunder at the times and in the manner specified in the said condition. However, the actual sum will be paid on the actual value of work done, irrespective of the contract sum.

3. The plans, agreement and documents above mentioned shall form the basis of this contract and all disputes to be decided in the manner prescribed in the conditions attached hereto.

4. The said contract comprises as above

mentioned, and shall subsidiary works connected therewith within the same site as may be ordered to be done from time to time by SBI even through said works may not be shown on the drawings or described in the said specifications or the priced schedule of quantities.

5. Notwithstanding what are stated in the special condition, conditions, of

contract and hereinafter stated the owner through SBI reserves to himself the right to alter the drawings and nature of the work and of adding to or omitting any items of works from or of having portions of the same carried out departmentally or otherwise and such alternations or variations shall be carried out without prejudice to this contact.

6. The said condition shall be read and be treated as forming part of this

Agreement, and the parties hereto will respectively be bound thereby and to abide by and submit themselves to the conditions and perform the same on their part to be respectively observed and preferred.

7. Any dispute arising under this Agreement shall be referred to the arbitration of a

sole arbitrator appointed with consent of the Owner and the contractor as indicated in the Article of the general conditions. The award of the arbitrator shall be final and binding on both parties.

IN WITNESS WHEREOF, the parties hereto have executed these presents the day and year first hereinabove written

WITNESS EXECUTANTS

1. 1. OWNER

2. 2. CONTRACTOR

Common Seal

In case of the company, the common seal be affixed pursuant to resolution of Board of Directors in accordance with Articles of Association of the Company the director etc. as the case may be affixing common seal may be initial in token thereof and also by putting their names.

GENERAL CONDITIONS OF CONTRACT

1.0 Definitions

“Contract” means the documents forming the tender and the acceptance thereof and the formal agreement executed between State Bank of India (Client) and the contractor, together with the documents referred therein including these conditions, the specifications, designs, drawings and instructions issued from time to time by the Bank and all these documents taken together shall be deemed to form one contract and shall be complementary to one another.

1.1 In the contract the following expressions shall, unless the context otherwise requires,

have the meaning hereby respectively assigned to them.

1.2 “Employer” shall mean State Bank of India (client) having its Corporate Centre at State Bank Bhavan, Madame Cama Road, Mumbai 400 021 and includes the client’s representatives, successors and assigns.

1.3 ‘The Contractor’ shall mean the name of the contractor undertaking the works and

shall include legal personal representative of such individual or the composing the firm or company and the permitted assignees of such individual or firms of company.

1.4 The expression ‘works’ or ‘work’ shall mean the permanent or temporary work

described in the ‘Scope of Work” and/or to be executed in accordance with the contract and includes materials, apparatus, equipment, temporary supports, fittings and things of all kinds to be provided, the obligations of the contractor hereunder and work to be done by the contractor under the contract.

1.5 ‘Engineer’ shall mean the representative of the SBI.

1.6 ‘Drawings’ shall mean the drawings prepared by the employer and issued by the

Engineer and referred to in the specifications and any modifications of such drawings as may be issued by the Engineer from time to time ‘

1.7 ‘Contract value’ shall mean the value of the entire work as stipulated in the letter of acceptance of tender subject to such additions thereto or deductions there from as may be made under the provision herein after contained.

1.8 ‘Specifications’ shall mean the specifications referred to in the tender and any modifications thereof as may time to time be furnished or approved by the employer.

1.9 “Month” means calendar month.

1.10 “Week” means seven consecutive days.

1.11 “Day” means a calendar day beginning and ending at 00 Hrs and 24 hrs respectively.

2.0 Language The language in which the contract documents shall be drawn shall be in English. All communications by employer & Contractor will be in English

3.0 Errors, Omissions and Discrepancies In case of errors, omissions and/or disagreement between written and scaled dimensions on the drawings or between the drawings and specifications etc, the following order shall apply.

i) Between scaled and written dimension (or description) on a drawing, the latter shall be adopted.

ii) Between the written or shown description or dimensions in the drawings and the corresponding one in the specification the former shall be taken as correct.

iii) Between written description of the item in the specifications and descriptions in bills of quantities of the same item, the latter shall be adopted.

iv) In case of difference between rates written in figures and words, the rate in

words shall prevail.

v) Between the duplicate/subsequent copies of the tender, the original tender

shall be taken as correct.

4.0 Scope of Work The contractor shall carry out, complete and maintain the said work in every respect strictly in accordance with this contract and with the directions of and to the satisfaction of the Employer.

5.0 Letter of Acceptance Within the validity period of the tender the Employer will issue a letter of acceptance by registered post or otherwise depositing at the address of the contractor as given in the tender to enter into a Contract for the execution of the work as per the terms of the tender. The letter of acceptance shall constitute a binding contract between the Employer and the contractor.

5.1 Contract Agreement: On receipt of intimation of the acceptance of tender from the Employer the successful tenderer shall be bound to implement the contract and within seven days thereof he shall sign an agreement in a non judicial stamp paper of appropriate value.

6.0 Ownership of drawings: All drawings, specifications and copies thereof furnished by the SBI through its Architects/ Consultants are the properties of the SBI. They are not to be used on other work.

6.1 Detailed drawings and instructions: The SBI through its Architects/ Consultants shall furnish with responsible promptness additional instructions by means of drawings or otherwise necessary for the proper execution of the work. All such drawings and

instructions shall be consistent with the contract documents, true developments thereof and reasonably inferable there from.

The work shall be executed in conformity therewith and the contractor is to prepare a detailed program schedule including therein the date of start and completion of various activities on receipt of the work order and submit the same to the SBI through the Architect/ Consultant.

7.0 Copies of Agreement Two copies of agreement/tender document duly signed by both the parties with the drawings shall be handed over to the contractors.

8.0 Liquidated Damages If the contractor fails to complete the work and clear the site including vacating their office on or before the contracted or extended date or completion without justification in support of the cause of delay, he may be called upon without prejudice to any other right of remedy available under the law to the SBI on account of such breach to pay a liquidated damages at the rate of 0.5% of the contract value per week subject to a maximum of 5% of the contract value.

9.0 Materials, Appliances and Employees Unless or otherwise specified the contractor shall provide and pay for all materials, labour, water, power, tools, equipment transportation and any other facilities that are required for the satisfactory execution and completion of the work. Unless or otherwise specified all materials shall be new and both workmanship and materials shall be best quality. The contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on the work any unfit person or any one not skilled in the work assigned to him. Workman whose work or behaviour is found to be unsatisfactory by the SBI/ architect/ consultant he shall be removed from the site immediately.

10.0 Permits, Laws and Regulations Permits and license required for the execution of the work shall be obtained by the contractor at his own expenses. The contractor shall give notices and comply with the regulations, laws, and ordinances rules, applicable to the contract. If the contractor observes any discrepancy between the drawings and specifications, he shall promptly notify the SBI in writing under intimation of the Architect/ Consultant. If the contractor performs any act which is against the law, rules and regulations he shall meet all the costs arising there from and shall indemnify the SBI any legal actions arising there from.

11.0 Setting out Work The contractor shall set out the work and shall be responsible for the true and perfect setting out of the same and for the correctness of the positions, levels, dimensions, and alignment of all parts thereof and get it approved by the bank before proceeding with the work. If at any time any error in this respect shall appear during the progress of the works, irrespective of the fact that the layout had been approved by the bank the contractor shall be responsible for the same and shall at his own expenses rectify such error, if so, required to satisfaction of the SBI.

12.0 Protection of works and property The contractor shall continuously maintain adequate protection. Of all his work from damage and shall protect the SBI’s properties from injury or loss arising in connection with contract. He shall make good any such damage, injury, loss, except due to causes beyond his control and due to his fault or negligence.

He shall take adequate care and steps for protection of the adjacent properties. The

contractor shall take all precautions for safety and protections of his employees on the work and shall comply with all applicable provisions of Govt. and local bodies safety laws and building codes to prevent accidents, or injuries to persons or property on, about or adjacent to his place of work. The contractor shall take insurance covers as per clause 25.0 at his own cost. The policy may be taken in joint names of the contractor and the SBI and the original policy may be lodged with the SBI.

13.0 Inspection of work: The SBI/ Architect /Consultant or their representative shall at all times have access to the work site and / or to the workshop, factories, or other places where materials are lying or from where they are obtained and the contractor shall give every facility to the SBI, Architect/ consultant and their representatives necessary for inspection and examination and test of the materials and workmanship. No person unless authorized by the SBI /architect/consultant and their representatives necessary for inspection and examination and test of the materials and workmanship. No person unless authorized by the SBI/architect/consultant except the representative of public authorities shall be allowed on the work at any time. The proposed work either during its construction stage or its completion can also be inspected by the Chief Technical Examiner’s organization, a wing of central Vigilance commission.

14.0 Assignment and subletting The whole of work included in the contract shall be executed by the contractor and he shall not directly entrust and engage or indirectly transfer assign or underlet the contract or any part or share thereof or interest therein without the written consent of the Employer and no undertaking shall relieve the contractor from the responsibility of the contractor from active superintendence of the work during its progress. 15.0 Quality of Materials, Workmanship & Test All materials and workmanship shall be best of the respective kinds described in the contract and in accordance with architect/consultant instructions and shall be subject from time to time to such tests as the architect/ consultant/ SBI may direct at the place of manufacture or fabrication or on the site or an approved testing laboratory. The contractor shall provide such assistance, instruments, machinery, labour and materials as are normally required for examining measuring sampling and testing any material or part of work before incorporation in the work for testing as may be selected and required by the architect/consultant.

i) Samples: All samples of adequate number, size, shades & pattern as per specifications shall be supplied by the contractor without any extra charges. If certain items proposed to be used are of such nature the samples cannot be presented or prepared at the site detailed literature/ test certificate of the same shall be provided to the satisfaction of the Architect/consultant. Before submitting the sample/literature the contractor shall satisfy himself that the material/ equipment for which he is submitting the sample/ literature meet with the requirement of tender satisfaction. Only when the samples are approved in writing by the Architect/consultant the contractor shall proceed with the procurement and installation of the particular material/equipment. The approved samples shall be sign by the Architect/ consultant for identification and shall be kept on record at site office until the completion of the work for inspection/ comparison at any time. The Architect/consultant shall take reasonable time to approve the sample. Any delay that might occur in approving the samples for reasons of its not meeting the specifications or other discrepancies inadequacy in furnishing samples of best qualities from various manufacturers and such other aspects causing delay on the approval of the materials/ equipment etc. shall be to the account of the contractor.

ii) Cost of tests:Test provided for in the specifications or BOQ :

a) The cost of making any test shall be borne by the contractor

b) Test not provided for in the Specifications of BOQ :If any test is ordered by the Architect/ consultant /SBI which is either to be carried out by an independent person at any place other than the site or the place of manufacture or fabrication of the materials tested or any Government/ approved laboratory, then the cost of such test shall be borne by the contractor.

16.0 Obtaining Information related to execution of work No claim by the contractor for additional payment shall be entertained which is consequent upon failure on his part to obtain correct information as to any matter affecting the execution of the work nor any misunderstanding or the obtaining incorrect information or the failure to obtain correct information relieve him from any risks or from the entire responsibility for the fulfilment of contract.

17.0 Contractor’s superintendence The contractor shall give necessary personal superintendence during the execution of the works and as long, thereafter, as the Employer may consider necessary until the expiry of the defect’s liability period, stated hereto.

18.0 Quantities

i) The bill of quantities (BOQ) unless or otherwise stated shall be deemed to have been prepared in accordance with the Indian Standard Method of Measurements and quantities. The rate quoted shall remain valid for variation of quantity against individual item to any extent subject to maximum variation of the contract value by 25%. The entire amount paid under Clause 20 hereof as well as amounts of prime cost and provisional sums, if any, shall be excluded.

ii) Variation exceeding 25%: The items of work executed in relation to variation exceeding 25% shall be paid on the basis of provisions of clause 21(e) hereof.

19.0 Works to be measured The Employer may from time to time intimate to the contractor that he required the work to be measured and the contractor shall forthwith attend or send a qualified representative to assist the Employer in taking such measurements and calculation and to furnish all particulars or to give all assistance required by any of them. The representative of the Employer shall take joint measurements with the contractor’s representative and the measurements shall be entered in the measurement book. The contractor or his authorized representative shall sign all the pages of the measurement book in which the measurements have been recorded in token of his acceptance. All authorized extra work, omissions and all variations made shall be included in such measurements.

20.0 Variations No alteration, omission or variation ordered in writing by the Employer shall vitiate the contract. In case the Employer thinks proper at any time during the progress of works to make any alteration in, or additions to or omission from the works or any alteration in the kind or quality of the materials to be used therein, the Employer shall give notice thereof in writing to the contractor or shall confirm in writing within seven days of giving such oral instructions the contractor shall alter to, add to, or omit from as the case may be in accordance with such notice but the contractor shall not do any work extra to or make any alteration or additions to or omissions from the works or any deviation from any of

the provisions of the contract, stipulations, specifications or contract drawings without previous consent in writing of the Employer and the value of such extras, alterations, additions or omissions shall in all cases be determined by the Employer and the same shall be added to or deducted from the contract value, as the case may be.

21.0 Valuation of Variations No claim for an extra shall be allowed unless it shall have been executed under the authority of the Employer as herein mentioned. Any such extra is herein referred to as authorized extra and shall be made in accordance with the following provisions.

a) i) The net rates or prices in the contract shall determine the valuation of the

extra work where such extra work is of similar character and executed under similar conditions as the work priced herein.

ii) Rates for all items, wherever possible should be derived out of the rates given in the priced BOQ.

b) The net prices of the original tender shall determine the value of the items

omitted, provided if omissions do not vary the conditions under which any remaining items of works are carried out, otherwise the prices for the same shall be valued under sub clause (c) hereunder.

c) Where the extra works are not of similar character and/or executed under similar conditions as aforesaid or where the omissions vary the conditions under which any remaining items or works are carried out, then the contractor shall within 7 days of the receipt of the letter of acceptance inform the Employer of the rate which he intends to charge for such items of work, duly supported by analysis of the rate or rates claimed and the Employer shall fix such rate or prices as in the circumstances in his opinion are reasonable and proper, based on the market rate.

d) Where extra work cannot be properly measured or valued the contractor shall be allowed day work prices at the net rates stated in the tender of the BOQ or, if not, so stated then in accordance with the local day work rates and wages for the district; provided that in either case, vouchers specifying the daily time (and if required by the Employer) the workman’s name and materials employed be delivered for verifications to the Employer at or before the end of the week following that in which the work has been executed.

e) It is further clarified that for all such authorized extra items where rates cannot be

derived from the tender, the contractor shall submit rates duly supported by rate analysis worked on the “market rate basis” for material, labor, hire/running charges of equipment and wastages etc plus 15% towards establishment charges, contractor’s overheads and profit. Such items shall not be eligible for escalation.

22.0 Final Measurement The measurement and valuation in respect of the contract shall be completed within six months of the virtual completion of the work.

23.0 Virtual Completion Certificate (VCC) On successful completion of entire works covered by the contract to the full satisfaction of the Employer, the contractor shall ensure that the following works have been completed to the satisfaction of the Employer.

a) Clear the site of all scaffolding, wiring, pipes, surplus materials, contractor’s labour, equipment and machinery.

b) Demolish, dismantle and remove the contractor’s site office, temporary works, structures including labor sheds/camps and constructions and other items and things whatsoever brought upon or erected at the site or any land allotted to the contractor by the SBI and not incorporated in the permanent works.

c) Remove all rubbish, debris etc from the site and the land allotted to the contractor by the Employer and shall clear, level and dress, compact the site as required by the Employer.

d) Shall put the Employer in undisputed custody and possession of the site and all land allotted by the Employer.

e) Shall hand over the work in a peaceful manner to the Employer.

f) All defects/imperfections have been attended and rectified as pointed out by the Employer to the full satisfaction of Employer.

23.1 Upon the satisfactory fulfilment by the contractor as stated above, the contractor shall be entitled to apply to the Employer for the certificate. If the Employer is satisfied of the completion of the work, relative to which the completion certificate has been sought, the Employer shall within fourteen (14) days of the receipt of the application for virtual completion certificate, issue a VCC in respect of the work for which the VCC has been applied.

23.2 This issuance of a VCC shall be without prejudice to the SBI’s rights and contractor’s liabilities under the contract including the contractor’s liability for defects liability period nor shall the issuance of VCC in respect of the works or work at any site be construed as a waiver of any right or claim of the SBI against the contractor in respect of works or work at the site and in respect of which the VCC has been issued.

24.0 Work by other agencies The SBI/ Architect consultant reserves the rights to use premises and any portion of the site for execution of any work not included in the scope of this contract which it may desire to have carried out by other persons simultaneously and the contractor shall not allow but also extend reasonable facilities for the execution of such work. The contractor however shall not be provided any plant or material for the execution of such work except by special arrangement with the SBI. Such work shall be carried out in such manner as not to impede the progress of the works included in the contract

25.0 Insurance of Works Contractor will have to obtain the following insurance covers for the full tenure of the work to cover risks detailed in the following pares/clauses:

i) Contractor’s All Risk Policy including third party compensation as detailed below.

ii) Workmen Compensation Policy.

25.1 Without limiting his obligations and responsibilities under the contract the contractor shall insure in the joint names of the Employer and the contractor against all loss or damages from whatever cause arising other than the excepted risks, for which he is responsible under the terms of contract and in such a manner that the Employer and contractor are covered for the period stipulated in clause 28 of GCC and are also covered during the period of maintenance for loss or damage arising from a cause, occurring prior to the commencement of the period of maintenance and for any loss or damage occasioned by the contractor in the course of any operations carried out by

him for the purpose of complying with his obligations under clause.

a) The works for the time being executed to the estimated current Contract value

thereof, or such additional sum as may be specified together with the materials for incorporation in the works at their replacement value.

b) The constructional plant and other things brought on to the site by the

contractor to the replacement value of such constructional plant and other things.

c) Such insurance shall be effected with an insurer and in terms approved by the

Employer which approval shall not be unreasonably withheld and the contractor shall whenever required produce to the Employer the policy of insurance and the receipts for payment of the current premiums

25.2 Damage to persons and property: The contractor shall, except if and so far as the contract provides otherwise indemnify the Employer against all losses and claims in respect of injuries or damages to any person or material or physical damage to any property whatsoever which may arise out of or in consequence of the execution and maintenance of the works and against all claims proceedings, damages, costs, charges and expenses whatsoever in respect of or in relation thereto except any compensation of damages for or with respect to :

a) The permanent use or occupation of land by or any part thereof.

b) The right of Employer to execute the works or any part thereof, on, over, under, in or

through any lands.

c) Injuries or damages to persons or properties which are unavoidable result of the

execution or maintenance of the works in accordance with the contract.

d) Injuries or damage to persons or property resulting from any act or neglect of the

Employer, their agents, employees or other contractors not being employed by the contractor or in respect of any claims, proceedings, damages, costs, charges and expenses in respect thereof or in relation thereto or where the injury or damage was contributed to by the contractor, his servants or agents such part of the compensation as may be just and equitable having regard to the extent of the responsibility of the Employer , their employees, or agents or other employees, or agents or other contractors for the damage or injury.

25.3 Contractor to indemnify Employer: The contractor shall indemnify the Employer against all claims, proceedings, damages, costs, charges and expenses in respect of the matters referred to in the provision sub-clause of this clause.

25.4 The contractor shall fully indemnify and keep indemnified the Employer against any action, claim, or proceeding relating to infringement or use of any patent or design or any alleged patent or design rights and shall pay any royalties which may be payable in respect of any article or part thereof included in the contract. In the event of any claim made under or action brought against Employer in respect of such matters as aforesaid the contractor shall be immediately notified thereof and the contractor shall be at liberty, at his own expenses to settle any dispute or to conduct any litigation that may arise there from, provided that the contractor shall not be liable to indemnify the Employer if the infringement of the patent or design or any alleged patent or design right is the direct result of an order passed by the Consultant in this behalf.

25.5 Third Party Insurance

25.5.1 Before commencing the execution of the work the contractor but without limiting his obligations and responsibilities under clause 26.0 of GCC shall insure against his liability for any material or physical damage, loss, or injury which may occur to any property including that of SBI, or to any person, including any employee of the SBI, by or arising out of the execution of the works or in the carrying out of the contract, otherwise than due to the matters referred to in the provision to clause 26.0 thereof.

25.5.2 Minimum Amount of Third Party Insurance

Such insurance shall be affected with an insurer and in terms approved by the SBI which approval shall not be reasonably withheld and for at least the amount stated below. The contractor shall, whenever required, produce to the SBI/Consultant the policy or policies of insurance cover and receipts for payment of the current premiums

25.5.3 The minimum insurance cover for physical property, injury, and death is Rs.5.0 lacs per occurrence with the number of occurrences limited to four. After each occurrence contractor will pay additional premium necessary to make insurance valid for four occurrences always.

25.6 Accident or Injury to Workmen

25.6.1 The Employer shall not be liable for or in respect of any damages or compensation payable at law in respect or in consequence of any accident or injury to any workmen or other person in the employment of the contractor or any sub-contractor, save and except an accident or injury resulting from any act or default of the Employer or their agents, or employees. The contractor shall indemnify and keep indemnified Employer against all such damages and compensation, save and except as aforesaid and against all claims, proceedings, costs, charges and expenses whatsoever in respect thereof or in relation thereto

25.6.2. Insurance against accidents etc to workmen: The contractor shall insure against such liability with an insurer approved by the Employer during the whole of the time any person employed by him on the works and shall, when required, produce to the Employer such policy of insurance and receipt for payment of the current premium. Provided always that, in respect of any persons employed by any sub-contractor the contractor’s obligation to insure as aforesaid under this sub-clause shall be satisfied if the sub contractor shall have insured against the liability in respect of such persons in such manner that Employer is indemnified under the policy but the contractor shall require such sub-contractor to produce to the Employer when required such policy of insurance and the receipt for the payment of the current premium.

25.6.3 Remedy on Contractor’s failure to insure: If the contractor fails to effect and keep in force the insurance referred to above or any other insurance which he may be required to effect under the terms of contract, then and in any such case the Employer may effect and keep in force any such insurance and pay such premium or premiums as may be necessary for that purpose and from time to time deduct the amount so paid by the Employer as aforesaid from any amount due or which may become due to the contractor, or recover the same

as debt from the contractor.

25.6.4. Without prejudice to the other rights of the Employer against contractors, in respect of such default, the employer shall be entitled to deduct from any sums payable to the contractor the amount of any damages costs, charges, and other expenses paid by the Employer and which are payable by the contractors under this clause. The contractor shall upon settlement by the insurer of any claim made against the insurer pursuant to a policy taken under this clause, proceed with due diligence to rebuild or repair the works destroyed or damaged. In this event all the monies received from the insurer in respect of such damage shall be paid to the contractor and the contractor shall not be entitled to any further payment in respect of the expenditure incurred for rebuilding or repairing of the materials or goods destroyed or damaged.

26.0 Commencement of Works The date of commencement of the work will be reckoned as the recorded date of handing over site or 10 days from the date of issue of letter of acceptance of the tender by the Employer whichever is later.

27.0 Time for completion Time is the essence of the contract and shall be strictly observed by the contractor. The entire work shall be completed

within a period of 45 days from the date of commencement. If required in the contract or as directed by the Employer, the contractor shall complete certain portions of work before completion of the entire work. However the completion date shall be reckoned as the date by which the whole work is completed as per the terms of the contract.

28.0 Extension of Time If, in the opinion of the Employer, the work be delayed for reasons beyond the control of the contractor, Bank to grant a fair and reasonable extension of time for completion of work as per the terms of contract. If the contractor needs an extension of time for the completion of work or if the completion of work is likely to be delayed for any reasons beyond the due date of completion as stipulated in the contract, the contractor shall apply to the Employer in writing immediately and while applying for extension of time he shall furnish the reasons in detail and his justification if any, for the delays. While granting extension of time the contractor shall be informed the period extended time which will qualify for levy of liquidated damages. For the balance period in excess of original stipulated period and duly sanctioned extension of time by the Employer the provision of liquidated damages as stated under clause 8 of GCC shall become applicable.

29.0 Rate of progress Whole of the materials, plant and labour to be provided be the contractor and the mode, manner and speed of execution and maintenance of the works are to be of kind and conducted in a manner to the satisfaction of the Architect/ consultant /SBI should the rate of progress of the work or any part thereof be at any time be in the opinion of the Architect/ consultant too slow to ensure the completion of the whole of the work by the prescribed time for completion the Architect/ consultant /SBI shall thereupon take such steps as considered necessary by the Architect/ consultant to expedite progress so as to complete the works the works by the prescribed time or extended time. Such communications from the Architect/ consultant /SBI neither shall relieve the contractor from fulfilling obligations under the contract nor will he be entitled to raise any claims arising of such directions.

30.0 Work during night and holidays Subject to any provision to the contrary contained in the contract no permanent work

shall save as herein provided be carried on during the night or holidays without the permission in writing of Architect/ consultant /SBI, save when the work is unavoidable or absolutely necessary for the saving of life of property or for the safety of the work in which case the contractor shall immediately advice the Architect/ consultant. However the provisions of the clause shall not be applicable in the case of any work which becomes essential to carry by rotary or double shifts in order to achieve the progress and quality of the part of the works being technically required/ continued with the prior approval of the Architect/ consultant/SBI at no extra cost to the SBI.

All work at night after obtaining approval from competent authorities shall be carried out without unreasonable noise and disturbance.

31.0 No compensation for restrictions of work If at any time after acceptance of the tender SBI shall decide to abandon or reduce the scope of work for any reason whatsoever and hence not required the whole or any work to be carried out. The Architect/consultant shall give notice in writing to that effect to the contractor and the contractor shall act accordingly. In the matter, the Contractor shall have no claim to any payment of compensation or otherwise whatsoever, on account of any profit or advantage which he might have derived from the execution of the work fully but which he did not derive in consequence of the foreclosure of the whole or part of the work.

Provided that the contractor shall be paid the charges on the cartage only of materials actually and bonafide brought to the site of the work by the contractor and rendered surplus as a result of the abandonment, curtailment of the work or any portion thereof and then taken back by the contractor, provided however that the Architect/ Consultant shall have in such cases the option of taking over all or any such materials at their purchase price or a local current rate whichever is less.

In case of such stores having been issued from SBI stores and returned by the contractor to stores, credit shall be given to him at the rates not exceeding those at which were originally issued to the contractor after taking into considerations and deduction for claims on account of any deterioration or damage while in the custody of the contractor and in his respect the decision of Architect /consultant/SBI shall be final.

32.0 Suspension of work

i) The contractor shall, on receipt of the order in writing of the SBI (whose decision shall be final and binding on the contractor) suspend the progress of works or any part thereof for such time and in such manner as SBI may consider necessary so as not cause any damage or injury to the work already done or endanger the safety thereof for any of following reasons.

a) On account any default on the part of the contractor, or b) For proper execution of the works or part thereof for reasons other than the default

of the contractor, or

c) For safety of the works or part thereof.

The contractor shall, during such suspension, properly protect and secure the works to the extent necessary and carry out the instructions given in that behalf by the Consultant.

ii) If the suspension is ordered for reasons (b) and (c) in sub-para (i) above:

The contractor shall be entitled to an extension of time equal to the period of every

such suspension. No compensation whatsoever shall be paid on this account.

33.0 Action when the whole security deposit is forfeited In any case in which under any clause or clauses of this contract, the Contractor shall have rendered himself liable to pay compensation amounting to the whole of his security deposit the Employer shall have the power to adopt any of the following course as they may deem best suited to the interest of the SBI.

a) To rescind the contract (of which rescission notice in writing to the contractor by

the Employer shall be conclusive evidence) and in which case the security deposit of the contractor shall be forfeited and be absolutely at the disposal of Employee.

b) To employ labor paid by the Employer and to supply materials to carry out the

work, or any part of the work, debiting the contractor with the cost of the labor and materials (the cost of such labor and materials as worked out by the Employer shall be final and conclusive against the contractor) and crediting him with the value of the work done, in all respects in the same manner and at the same manner and at the same rates as if it had been carried out by the contractor under the terms of this contract the certificate of Employer as to the value of work done shall be final and conclusive against the contractor.

c) To measure up the work of the contractor, and to take such part thereof as shall

be unexecuted, out of his hands, and to give it to another contractor to complete in which case any expenses which may be incurred in excess of the sum which would have been paid to the original contractor, if the whole work had been executed by him (of the amount of which excess the certificates in writing of the Employer shall be final and conclusive) shall be borne by original contractor and may be deducted from any money due to him by Employer under the contract or otherwise, or from his security deposit or the proceeds of sale thereof, or sufficient part thereof.

In the event of any of above courses being adopted by the Employer the contractor shall have no claim to compensation for any loss sustained by him by reasons of his having purchased or procured any material or entered into any engagements or make any advances on account of, or with a view to the execution of the work or the performance of the contract and in case the contract shall be rescinded under the provision aforesaid, the contractor shall not be entitled to recover or to be paid any sum or any work thereto for actually performed under this contract, unless, and until the Employer will have certified in writing the performance of such work and the value payable in respect thereof, and he shall only be entitled to be paid the value so certified.

34.0 Bank’s Right to Terminate the Contract If the contractor being an individual or a firm commit any ‘Act of Insolvency’ or shall be adjusted an insolvent or being an incorporated company shall have an order for compulsory winding up voluntarily or subject to the supervision of Govt and of the Official Assignee of the liquidator in such acts of insolvency or winding up shall be unable within seven days after notice to him to do so, to show to the reasonable satisfaction of the Employer that he is able to carry out and fulfill the contract, and to give security therefore if so required by the Employer.

Or if the contractor (whether an individual firm or incorporated Company) shall suffer execution to be issued or shall suffer any payment under this contract to be attached by or on behalf of any of the creditors of the contractor.

Or shall assign or sublet this contract without the consent in writing of the Employer through the Consultant or shall charge or encumber this contract or any payment due to which may become due to the contractor there under.

a) Has abandoned the contract; or

b) Has failed to commence the works, or has without any lawful excuse under these conditions suspended the progress of the works for 14 days after receiving from the Employer written notice to proceed, or

c) Has failed to proceed with the works with such diligence and failed to make such due progress as would enable the works to be completed within the time agreed upon, or has failed to remove the materials from the site or to pull down and replace work within seven days after written notice from the Employer that the said materials were condemned and rejected by the Employer under these conditions; or has neglected or failed persistently to observe and perform all or any of the acts, matters or things by this contract to be observed and performed by the contractor for seven days after written notice shall have been given to the contractor to observe or perform the same or has to the detriment of good workmanship or in defiance of the Employer instructions to the contrary subject any part of the contract. Then and in any of said cases the Employer may not withstanding any previous waiver, after giving seven days notice in writing to the contractor, determine the contract, but without thereby affecting the powers of the Employer or the obligation and liabilities of the contractor the whole of which shall continue in force as fully as if the contract had not been so determined and as if the works subsequently had been executed by or on behalf of the contractor. And, further the Employer, their agents or employees may enter upon and take possession of the work and all plants, tools, scaffoldings, materials, sheds, machineries lying upon the premises or on the adjoining lands or roads, use the same by means of their own employees or workmen in carrying on and completing the work or by engaging any other contractors or persons to complete the work and the contractor shall not in any was interrupt or do any act, matter or thing to prevent or hinder such other contractor or other persons employed for completing and finishing or using the materials and plant for the works. When the works shall be completed or as soon thereafter as convenient the Employer shall give a notice in writing to the contractor to remove his surplus materials and plants and should the contractor fail to do so within 14 days after receipt thereof by him the Employer sell the same by public auction after due publication and shall adjust the amount realized by such auction. The contractor shall have no right to question any of the act of the Employer incidental to the sale of the materials etc.

35.0 Settlement of Disputes and Arbitration

Except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, design, drawings and instructions herein before mentioned and as to the quality of workmanship of materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the work or the execution or failure to execute the same, whether arising during the progress of the work or after the cancellation, termination, completion or abandonment thereof shall be dealt with as mentioned hereinafter :

a) If the contractor considers that he is entitled to any extra payment or compensation in respect of the works over and above the amounts admitted as payable by the Architect or in case the contractor wants to dispute the validity of any deductions or recoveries made or proposed to be made from the contract or raise any dispute, the Contractor shall forthwith give notice in writing of his claim, or dispute to the Circle Head, SBI, Circle Office, Guwahati and endorse a copy of the same to the Architect, within 30 days from the date of disallowance thereof or the date of deduction or recovery. The said notice shall give full particulars of the claim, grounds on which it is based and detailed calculations of the amount claimed and the contractor shall not be entitled to raise any claim nor shall the Bank be in any way liable in respect of any claim by the contractor unless notice of such claim shall have been given by the contractor to the Circle Head, SBI, Circle Office, Guwahati in the manner and within the time as aforesaid. The contractor shall be deemed to have waived and extinguished all his rights in respect of any claim not notified to the Circle Head, SBI, Circle Office, Guwahati in writing in the manner and within the time aforesaid.

b) Circle Head, SBI, Circle Office, Guwahati shall give his decision in writing on the

claims notified by the contractor. The contractor may within 30 days of the receipt of the decision of the Circle Head, SBI, Circle Office, Guwahati submit his claims to the conciliating authority namely the Circle Development Officer for conciliation along with all details and copies of correspondence exchanged between him and the Circle Head, SBI, Circle Office, Guwahati

c) If the conciliation proceedings are terminated without settlement of the disputes,

the contractor shall, within a period of 30 days of termination thereof shall give a notice to the concerned Chief General Manager of SBI, LHO, Guwahati for appointment of an arbitrator to adjudicate the notified claims failing which the claims of the contractor shall be deemed to have been considered absolutely barred and waived.

d) Except where the decision has become final, binding and conclusive in terms of

the contract, all disputes or differences arising out of the notified claims of the contractor as aforesaid and all claims of the Bank shall be referred for adjudication through arbitration by the Sole Arbitrator appointed by the Chief General Manager.

e) Also, there will be no objection to any such appointment that the Arbitrator so

appointed is a Bank Officer and that he had to deal with the matters to which the Contract relates in the course of his duties as Bank Officer. If the arbitrator so appointed is unable or unwilling to act or resigns his appointment or vacates his office due to any reason whatsoever another sole arbitrator shall be appointed in the manner aforesaid by the said Chief General Manager. Such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor.

f) It is a term of this contract that the party invoking arbitration shall give a list of

disputes with amounts claimed in respect of each dispute along with the notice for appointment of arbitrator.

g) It is a term of this contract that the party invoking arbitration shall give a list of

disputes with amounts claimed in respect of each dispute along with the notice for appointment of arbitrator.

h) It is also a term of this contract that no person other than a person appointed by such Chief General Manager aforesaid should act as arbitrator. The conciliation and arbitration shall be conducted in accordance with the provisions of the Arbitration & Conciliation Act 1996 or any statutory modification or re-enactment thereof and the rules made there under.

i) It is also a term of the contract that if any fees are payable to the arbitrator these

shall be paid equally by both the parties. However, no fees will be payable to the arbitrator if he is a Bank Officer.

j) It is also a term of the contract that the arbitrator shall be deemed to have

entered on the reference on the date he issues notice to both the parties calling them to submit their statement of claims and counter statement of claims. The venue of the arbitration shall be such place as may be fixed by the arbitrator in his sole discretion. The fees if any, of the arbitrator shall, if required to be paid before the award is made and published, be paid half and half by each of the parties. The cost of the reference and of the award (including the fees, if any of the arbitrator) shall be in the discretion of the arbitrator who may direct to any by whom and in what manner, such costs or any part thereof shall be paid and fix or settle the amount of costs to be so paid.

36.0 Certificate of Payment The contractor shall be entitled under the certificates to be issued by the Architect/ Consultant/SBI to the contractor within 10 working days from the date of certificate to the payment from SBI from time to time. The SBI shall recover the statutory recoveries and other dues including the retention amount from the certificate of payment. Provided always that the issue of any certificate by the Architect/Consultant during the progress of works or completion shall not have effect as certificate of satisfaction or relieve the contractor from his liability under clause. The Architect/Consultant shall have power to withhold the certificate if the work or any part thereof is not carried out to their satisfaction. The Architect/Consultant may by any certificate make any corrections required in previous certificate. The SBI shall modify the certificate of payment as issued by the Architect/Consultant from time to time while making the payment. The contractor shall submit interim bills only after taking actual measurements and properly recorded in the Measurement book (M.B). The contractor shall not submit interim bills when the approximate value of work done by him is less than …………. and the minimum interval between two such bills shall be one month. The final bill may be submitted by contractor within a period of one month from the date of virtual completion and Architect/Consultant shall issue the certificate of payment within a period of two months. The SBI shall pay the amount within a period of three months from the date of issue of certificate provided there is no dispute in respect of rates and quantities.

37.0 Water Supply The contractor shall make his arrangements for water required for the work and nothing extra will be paid for the same. This will be subject to the following conditions:

i) That the water used by the contractor shall be fit for construction purpose to satisfaction

of the Architect/ consultant.

ii) The contractor shall make alternative arrangements for the supply of water if the arrangement made by the contractor for procurement of water in the opinion of the Architect/ consultant is unsatisfactory.

iii) The contractor shall construct temporary well /tube in SBI land for taking water for

construction purpose only after obtaining permission in writing from the SBI. The contractor has to make his own arrangements for drawing and distributing the water at his own cost. He has to make necessary arrangements. To avoid any accidents or damages caused due to con

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